Legal Opinion
New Jersey Ass'n of Realtors® v. New Jersey Department of Environmental Protection
New Jersey Superior Court Appellate Division
Decided February 25, 2004PublishedCited by 8 opinions
1Opinion of the Court
The opinion of the court was delivered by
RODRÍGUEZ, A. A., J.AD.
Pursuant to R. 2:2-3(a)(2), the New Jersey Association of Realtors® (NJAR) 1, challenges the validity of N.J.A.C. 7:26E-8.2(g)(5), a regulation adopted by the Department of Environmental Protection (DEP) effective February 3, 2003.2 We conclude that N.J.A.C. 7:26E-8.2(g)(5) is void ab initio because it is in conflict with the New Residential Construction Off-Site Conditions Disclosure Act, set out at N.J.S.A 46:3C-1 to -12 (Disclosure Act).
The operative facts are undisputed. The DEP adopted a series of regulations called the…
2Cases cited3 opinions
- Matter of MusickSupreme Court of New Jersey · 1996
- Matter of Freshwater Wetlands RulesNew Jersey Superior Court Appellate Division · 1989
- Terry v. HarrisNew Jersey Superior Court Appellate Division · 1980
3Cited by8 opinions
- STEPHEN D. PERRY VS. NEW JERSEY STATE PAROLE BOARD (NEW JERSEY STATE PAROLE BOARD)New Jersey Superior Court Appellate Division · 2019
- Williams v. New Jersey Department of CorrectionsNew Jersey Superior Court Appellate Division · 2011
- Gonzalez v. PLIGA.New Jersey Superior Court Appellate Division · 2010
- JOSEPH J. NORMAN VS. NEW JERSEY STATE PAROLE BOARD (STATE PAROLE BOARD) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2019
- Cohen v. W.B. Associates, Inc.New Jersey Superior Court Appellate Division · 2005
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